Property buying with rights of way

There is little that divides a community more than disputes over access and rights of way.

The law affecting rights of way has evolved over many years rather than being introduced by a single Act of Parliament, and therefore this area is quite confusing.

Common issues with rights of way

There are several problem areas for residential and commercial premises where rights of way are concerned. Some of the most common ones are:

• A shared driveway – without a right of way you cannot access your property and you would need to ensure that this right includes provision for vehicular and pedestrian access.
• Ransom strip – a strip of land between your property and the highway.
• Parking – a right of way does not include a right to park. You must ensure this right is included separately.
• Stairways – if you purchase or lease premises above ground level the right of access over stairways could be overlooked.

Another right of way where a prospective purchaser must be vigilant is an informal agreement between neighbours. A friendly agreement is unlikely to be in writing and almost certainly will cause problems in the future.

Easements

Private rights of way are referred to as ‘easements’. Easements may be:

• Implied: a right of way that is required out of necessity
• Granted expressly: a right of access over neighbouring land or a right to connect and use private drains. This will be provided for in your title deeds.
• A right of way may arise as a result of long use over private land, for example where a footpath has been in use for a period of 20 years.

Conveyancing Solicitor Jennifer Smith says, “Establishing a right of way is a complex area of law and you should certainly seek legal advice before proceeding with any property purchase, particularly if there is any concern about access.”

Our Conveyancing Team, based in Christchurch, also cover Bournemouth, Poole and the New Forest. For a free initial chat, please call 01202 499255 and Jennifer or a member of the team will be happy to discuss any questions that you may have.